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Home My WebLink AboutC-2189 - Indemnity Agreement & Permit for 1409 Dolphin TerraceCITY OF NEWPORT BEACH Date July 21, 1980 TO; Public Works Department FROM: City Clerk SUBJECT: Contract No. 2189 Project IndeRHE Agreement 1409 Dolphin Terrace Attached is signed copy of subject contract for transmittal to the contractor. Contractor: Richard A. Higbie /Attorney in fact fbr/Miriam B. Hill Address: 229 tjrine Balboa Island 92662 Amount: $ see contract Effective Date: June 13, 1980 Resolution No. 9801 Al Doris Geo e Att. cc: Finance Department Safety & Insurance Adm. City I tall 3300 Newport Boulevard, Newport Beach, California 92663 RECORDING WHENNRECORDEDURE uRNBTOAND K 3 o 63 1 City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, California 2®701-4 92663 IM RECO OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 9:05 A.M. JUN 19 1990 LEE A. BRANCH, County Recorder pace above this line for recorder's use only. INDEMNITY AGREEMENT THIS AGREEMENT is made and entered into this M day of 1980, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY" and MS. JACKIE HILL, herein- after referred to as "OWNER." W I T N E S S E T H WHEREAS, CITY administers a certain public street right-of-way located in the City of Newport Beach, County of Orange, State of California, which right-of-way is more particularly shown on Exhibit "A," attached hereto and by this reference incorporated within; and WHEREAS, OWNER owns that certain real property located at 1409 Dolphin Terrace in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as Lot 9 of Tract 2334 as shown on a map filed in Book 62, page 20 of Miscellaneous Maps, Records of Orange County, California, and which real property is con- tiguous to the aforesaid street right-of-way; and ments; and WHEREAS, said street right-of-way also contains public utility ease- WHEREAS, CITY desires to condition approval of construction of slope improvements by OWNER over a portion of said street right-of-way; and WHEREAS, the parties hereto desire to execute an Agreement providing for fulfillment of the conditions required by CITY to permit OWNER to construct said slope and install said landscaping over the public right-of-way as set forth herein below; NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree as follows: 1. CITY will allow OWNER to construct, reconstruct, install, main- tain, and repair facilities described as slopes, drains, landscaping, and ,.i BK 136408u - appurtenances necessary and incidental thereto, encroaching eight feet into the City -owned right-of-way along the northerly side of Bayside Drive along Lot 9 of Tract No. 2334, as shown on a map filed in Book 62, page 20 of Miscellaneous Maps, Records of Orange County, State of California. Said facilities shall be constructed in substantial conformance with plans and specifications which shall be subject to approval of the Grading Engineer 632 and the City's Public Works Department. Any subsequent modification of said facilities shall also be subject to approval by the Grading Engineer and the City's Public Works Department. Any subsequent modification of said facili- ties shall also be subject to approval by the Grading Engineer and the City's Public Works Department. Such approvals shall be obtained prior to construc- tion. 2. OWNER agrees to maintain and keep in good repair said slope and facilities. 3. OWNER agrees to indemnify and hold harmless CITY, its officers, agents, employees and contractors from all demands, claims, losses or liabil- ity on account of injury or damage to person or property suffered or claimed to be suffered in or on said Lot 9 as a result of construction and/or exis- tence of said facilities over the existing right-of-way along Bayside Drive. 4. THIS AGREEMENT shall run with the land and shall be binding upon the heirs, successors and assigns of OWNER; and shall be recorded in the Office of the County Recorder of Orange County, California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed on the day and year first above written. ATTEST: .J City Clerk APPROVED AS TO FORM..--? A sistant Ci y Attorney CITY OF NEWPORT BEACH, a Municipal Corporation By L -al-, - , ze, Mayor ro Tem CITY MIRIAM B. HILL a/k/a Jackie Hill by RICHARD A. HIGBIE her attorney in facto OWNER - 2 - i TO 447 C (Individual) STATE OF CALIFORNIA l BK COUNTY OF ORNAGE r SS. 36,40Pu 633 On June 9, 1980 befoTrT�� e tDe u dersigned, a Notary Public in and #or said S ate personally aBpeare Ric a�A. rii ble known to me to be tke t orney In act for -Mir am B. Hilla/k/a Jackie Hill 1 to be the person whose name i S subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. Signature �, t v C, A, HIGBIE Name (Typed or Printed) known to me OFFICIAL SEAL C. A. HIGBIE i • � �� NOTARY PUBLIC—CALIFORNIA ' PRINCIPAL OFFICE IN O ORANGE COUNTY 0 e My Commission Expires Sept. 3, 1983 (This area for official notarial seal) ESA pE TSR° 5&R �OLPHlN 0-) CD T R A 9 fl io � 140 11 'Z 3 3 l SAYSIp0 8 • ENCROAGNM6'NT (SEE B�'LOLt/> ExiJr.�y6 oac,�" . O da ysio.F' IJ2 e T / / /VAZ ION CITY O NEWPORT BEACH DRAWN DATE B`3-80 pp PUBLIC WORKS DEPARTMENT APPROVED F90)00-5,�'D CON TRZICT/ONI JT PUBLIC WORKS DIRECTOR p®/ �/ �y nn D�/ DO R.E. NO. 8114 AQ.1,4C�IrT TV /4/91VLFr7lN7,e! /Fl [DRAWING NO. EXHI,917-,4 June 16, 1980 Lee A. Branch County I1acorder P.O. Box 238 Santa Ana, CA 92702 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 Attached for recordation is the executed original indemity Agreement and Permit for 1409 Dolphin Terrace between the City of Newport Beach and Richaxd A. Higbie, Attomey for fdriam b. Hill & Jackie Hill. Said agxeenent was authorized by the City Ooumcil of the City of Newport Beach cn Jame 9, 1980 by the adoption of Resolution No. 9801. Please record and return to us. Thank you. Doris George City Clerk DG:bf encl. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 June 9, 1980 TO: (1) CITY ATTORNEY (2) CITY MANAGER (3) CITY CLERK FROM: Public Works Department SUBJECT: INDEMNITY AGREEMENT AND PERMIT FOR 1409 DOLPHIN TERRACE Attached are the following: 1. Original and two copies each of the indemnity Agreement. The.Public Works Department has reviewed the Indemnity Agreement and has found it to be in order. Action requested: 1. City Attorney a. Approve indemnity agreement as to form. df?—"' b. Forward all copies to City Manager - -- — 1, c. Prepare resolution authorizing Mayor and City Clerk to execute agreement. 2. City Manager a. Approve indemnity agreement. b. Forward all copies to the City Clerk. L,--�3. City Clerk a. Present agreement to City Council for approval. b. Have Mayor execute the agreement. c. Retain original of agreement for your files and return all copies to Public Works Department. Benjamin B. Nolan Public Works Director RLH:em Att. June 9, 1980 TO: (1) CITY ATTORNEY (2) CITY MANAGER (3) CITY CLERK FROM: Public Works Department SUBJECT: INDEMNITY AGREEMENT AND PERMIT FOR 1409 DOLPHIN TERRACE Attached are the following: 1. Original and two copies each of the Indemnity Agreement. The Public Works Department has reviewed the Indemnity Agreement and has found it to be in order. Action requested: 1. City Attorney a. Approve indemnity agreement as to form. b. Forward all copies to City Manager c. Prepare resolution authorizing Mayor and City Clerk to execute agreement. 2. City Manager a. Approve indemnity agreement. b. Forward all copies to the City Clerk. 3. City Clerk a. Present agreement to City Council for approval. b. Have Mayor execute the agreement. c. Retain original of agreement for your files and return all copies to Public Works Department. Benjamin B. Nolan Public Works Director RLH:em Att. ACKIE �l AND ASSOCIATES AGENCY INC. 2041 BUSINESS CENTER DRIVE, SUITE 201 IRVINE,CALIFORNIA 92715 (714)833 -1030 Richard Higbie Attorney at Law 229 Marine Balboa Island,' Dear Dick: California, 92662 June 2, 1960 Per my lot renovation, please use this letter as my power of attorney to sign any and all documents pertaining to my lot being completed in my abscence. This includes contract with contractor chosen to complete work, city documents, etc. I am enclosing a check for $10,000.00 made out in your name to dispurse funds in my abscence. I will be back in office the morning of June 13. Please choose best contractor, taking into context that if Deppe is close on his bid to other people, I would like to have him do it as he has put in a lot of time and effort to get this job. Choose the best way, that will structurally be best and also look the best. Please make sure that their contract is written,_wi %th price to include any trivia, etc., so that there will be no hidden charges. I know the soils engineer will be separate. Also check to see how much more survey extra charge work has to be done. Make sure their is waiver so that no subs can lien my lot if main contractor does not pay them::: Although I do not want to start on this until everything has been done to make sure j'ob —is done right and at best price, if everything is right it would be wonderful to get back from my trip with most: of the mess done as it is noisy and dirty. when I am home.and the work is being done then. If you need to reach me Jan knows the hotel I am in in New York and I will be talking to her daily to see if you need,to talk to me about anything. j 6u for yoI co,t zyua_ support. �� STATE OF CALIFORNIA 1� COUNTY OF ORANGE ss "-Y. C K I E NIL Py .--1 -j �a�aiaA o F1CIAL ScA C A H,G lE NOTAR'( s IN YOUR? SUCCESS IS OUR BUSINESS ' On June 3, 1980 Miriam B. Hill a /k /a Jackie Hill appeared before me and acknowledged to me she this document r A HI(_RTV i RESOLUTION NO. 9g01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE ENCROACHMENT PERMIT FOR A REAR YARD ENCROACHMENT AT 1409 DOLPHIN TERRACE AND AUTHORIZING EXECUTION BY THE MAYOR AND CITY CLERK OF AN AGREEMENT OF THE PROPERTY OWNER TO INDEMNIFY THE CITY FOR ANY LOSS RELATED TO THE ENCROACHMENT WHEREAS, the property owner at 1409 Dolphin Terrace has applied for an encroachment permit to allow for an encroachment of the rear yard slope into a City right -of -way; and WHEREAS, the proposed encroachment is part of a program of slope stabilization undertaken by the property owner; and WHEREAS, the property owner has agreed to indemnify the City of Newport Beach against any loss or damage that may result from the encroachment; and WHEREAS, the City of Newport Beach has no immediate plans to utilize the right -of -way, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the application for an encroachment permit for the property located at 1409 Dolphin Terrace is hereby approved subject to the performance of any conditions imposed by the Department of Public Works and on condition that the property owner execute an agreement which indemnifies the City of Newport Beach on account of any damage or loss that may result from such encroachment; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute such an agreement and that the indemnification agreement then be recorded in the Office of the County Recorder of Orange County, California. 0 Pi ADOPTED this 9th day of June ATTEST: City Clerk Mayor Pro Ten -2- 1980. RHB /kv 6/4/80